Attorneys for Westchester Square merchants and residents have moved to re-argue a case against the Department of Homeless Services. They want the judge that shot them down, Geoffrey Wright of the Bronx Supreme Court, to accept further testimony and evidence.

The re-arguement motion will be heard on February 17. On Tuesday, January 19, Wright dismissed a petition brought by Westchester Square merchants and residents in opposition to the opening of a homeless shelter at 1564 St. Peter’s Avenue. In January, the judge found that because there was no formal agreement between the landlord and the city, DHS was not obliged to perform a fair-share analysis or inform Community Board 10.

The motion to re-argue, made on Friday, January 30, is based on the fact that Wright relied on case law inapplicable at 1564 St. Peter’s Avenue and that Wright’s decision failed to address legal arguments submitted by the petitioners. The merchants and residents have questioned the judge’s assumption that the city chose not to put a $1,600,000 pact into writing. They have condemned Wright’s reluctance to consider a deposition by DHS Commissioner Robert Hess.

“At the very least, the court’s decision is [opposed] to the facts of the case,” Westchester Square merchant leader John Bonizio said. “Prior to appealing to a higher court, we want to give the judge every opportunity to correct this mistake.”

Wright should explore whether there in fact was a formal agreement between Department of Homeless Services and the landlord, Westchester Square attorney Robert Swetnick said.

“The judge dismissed the action without action or discovery,” Swetnick explained.” He said that there was no written agreement and therefore no need for fair-share analysis. We believe that…there must be some sort of agreement.”

If a written agreement exists, the city comptroller’s office should be notified, Swetnick said. If a written agreement exists, Westchester Square is due a fair-share analysis. Merchants and residents have argued that Westchester Square is oversaturated; the 40 square block neighborhood boasts 23 social service programs.

City attorneys aren’t persuaded.

“We have not yet been served with the petitioners’ motion papers,” city attorney Amanda Goad said. “We believe that Judge Wright’s decision last month was correct.”